A Massachusetts police department is praising one of their officers for his heroic actions after he helped a pregnant woman welcome her baby into the world. may be credited to overtime pay due under the Act."). . "He was literally beaming! Top of Page |, Links are listed alphabetically by department name. 2023 PASS | All Rights Reserved Uniform Crime Report, "It was when I saw the babys father running out of the house that I realized the mother was about to give birth at any moment. Malone was hired in July 2022, and attended the Boylston Police Academy from July - December 2022. However, the Town contends that the Union "did not press the issue" because it "recognized that I he officers get a meal period." (See, e.g., Chenevert Aff. The new UMPD officers who took their oath of office and received their badges are: Dylan Auger Auger was hired in October 2022 and attended the Western Mass Regional Police Academy from Oct. 2022 - March 2023. Law Project, a federally-recognized 501(c)(3) non-profit. Y | Z |. Its not something many police officers witness.". ", RELATED VIDEO: Police Officer Saves Woman From Burning Vehicle. Although Plaintiffs state that they seek no further relief on this question (Dkt. The court must agree that since the payroll record is the only documentation available for the period prior to December 2003, Plaintiffs cannot be penalized for Defendants' failure to keep more accurate records. Defendants' approach relies on the fiction of a regular forty-hour workweek and compensate for this fiction by multiplying the resulting hourly rate by 1.6 instead of 1.5. Thus in some weeks an officer may receive contractual overtime for working more than thirty-two hours, whereas in other weeks an officer will not be eligible for such overtime until he works more than forty hours. South Hadley Fire District 2 receives federal Mapping Police Violence, Source: at 298. At the time this motion was filed, no subsequent agreement had been negotiated, and the second CBA remained in force. . [4] In December 2003, the Town began keeping records of the time Plaintiffs actually spent in court. Plaintiffs were not hired "with the understanding" that weekly salary would cover a fixed schedule of work-weeks with alternating lengths. (Dkt. Finally, unlike the 8.5 hour day shifts in O'Hara, Plaintiffs' shifts are not extended by a half hour to account for an alleged meal period. Massachusetts State Police | The opposing party "cannot rely on an absence of competent evidence, but must affirmatively point to specific facts that demonstrate the existence of an authentic dispute." | Lauren LeBelllebel@thereminder.com, AGAWAM Across the state of Massachusetts, police reforms have taken place after Gov. Plaintiffs do not seek compensation for those weeks in which they were scheduled to work for thirty-two hours, because in those weeks the premium portion of the extra eight hours of contractual overtime would offset any potential FLSA overtime owed. He quickly went to the home and helped the mom deliver a healthy baby girl named Sophia. *5David A. Robinson, David A. Robinson, Attorney at Law, Springfield, MA, for Defendants. In particular, the court noted that treating the paid lunch period as "work," would produce an "implausible result," namely that day-shift employees would be required to work 8.5 hours before accruing contractual overtime, whereas other employees would be entitled to such overtime after 7.5 or 7.75 hours. Summ. The Town has made no attempt to demonstrate good faith in accordance with 260. Parham added that DeWolf has been actively involved with the Walk This Way Team and Team Positive Presence, a liaison with Student Affairs and the Town of Amherst and has received a number of commendations and awards over the years. The parking lot and surrounding area was blocked off early yesterdat morning while detectives from the D.A.s office, Mass. . As a result, in some calendar weeks an employee may work four eight-hour shifts, i.e., thirty-two hours plus roll call time, while in others he may work five shifts, i.e., forty hours plus roll call time. See, e.g., O'Brien, 350 F.3d at 282 (officers work 1950 straight-time hours per year); id. Since the only work weeks presently at issue are the weeks during which Plaintiffs were scheduled to work forty hours, Defendants contend that the regular rate in this case should be calculated by dividing Plaintiffs' weekly pay by forty. Officers tried stopping the vehicle and followed the driver, later identified asAnthony Pavone, of Agawam, for more than two miles before it stopped on High Street. Edison Co., 83 F.3d 292, 297 (9th Cir.1996). The court explicitly held that the Town is obligated to include shift-differential pay, longevity pay, and career-incentive *10 pay in the officers' regular rate. 778.114, and thus the Town could not rely on this calculation method to claim an overpayment. 3, Pls.' As noted above, the Town changed its payment practices in the spring of 2004 in response to O'Brien. Filed: Moreover, it is significant that the Town's behavior is inconsistent with the approach set forth in 778.329. State Resources | Anthony Grasso, Officer Edward Conner, and Officer John Moccio have been fired from the Agawam Police Department. As noted above, the First Circuit concluded that certain wage augments must be included in the calculation of the overtime rate. When Plaintiffs are required to attend court, they are guaranteed a minimum payment of four hours overtime under the CBA. 1 n. 1), Plaintiffs' Proposed Declaratory Judgment includes a paragraph ordering weekly payment of roll call pay (Dkt. The employer bears the burden of proving that it is entitled to such discretionary relief. The Town argues that the court should base its calculation of the "regular rate" on this shifting foundation. You can find out more and change our default settings with Cookies Settings. at 284. ), (Id. Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits . The Town's suggestion that overtime pay prior to December 2003 should be based on the average amount of time spent in court after December 2003 would do precisely that, penalizing those individual Plaintiffs who spent more than the average 1.75 hours in court. [6] In addition, the First Circuit noted that roll call compensation "shall not be delayed longer than the first pay day after the amount can practicably be determined." While towns and cities across the state adjust at their own pace, the Agawam Police Department is looking ahead on this multi-year phase out plan. Two police officers will now be stationed outside the bar on Friday and Saturday nights from 9 p.m. to 1 a.m., for the time being. Neither party, however, contends that Plaintiffs actually work 2080 hours per year. show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Muoz was hired in May 2022 and attended the Boylston Police Academy from July - December 2022. A merger clause confirms that the CBA "incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiations." Such an arrangement results in the employee's working at two different rates of pay. The facts are set forth in the light most favorable to Defendants, the non-moving party.[1]. Police Department It was good to see! (See, e.g., id. (Id. United States District Court, D. Massachusetts. 207(k), because the Town was not subject to this exception. Hoyt previously worked as a correctional officer at the Hampden County Sheriffs Department and is an infantry member with the U.S. Army National Guard of Vermont. See id. Plaintiffs appealed, and on December 2, 2003, the Court of Appeals issued an opinion in which it affirmed in part, reversed in part, and remanded. Associations || 260. Plaintiffs argue that roll call pay must be included with the other wage augments because it does not fall under any of the exceptions listed in 29 U.S.C. 2023 University of Massachusetts Amherst. 74, Ex. Police saw a gray Honda CRV speeding south down Main Street in Reading around 7:12 p.m. on Saturday, Feb. 18, Police Chief David J. Clark reports. 2d 147, 155-56 (D.Mass.2003) (collecting cases). Police 207(e), which provides that it "shall be deemed to include all remuneration for employment paid to, or on behalf of, the employee." [9], Plaintiffs vigorously contest the existence of a meal period, and the Town concedes that Plaintiffs do not always have thirty-minute meal breaks. "As a cop, you dont really have the time to focus on nerves or emotions. * An asterisk indicates that this location has not provided enough data to be included in our rankings. WebAgawam Police Department Contact Information Address and Phone Number for Agawam Police Department, a Police Department, at Springfield Street, Agawam MA. Specifically, they seek compensatory damages for unpaid wages as well as liquidated damages in an equal amount. Add A Link | Overall Scores for Depts where We Have Obtained the Most Data. Prior to that, he served as a dispatcher and reserve intermittent officer with the Palmer PD. O'Brien, 350 F.3d at 290 (rejecting application of the "fluctuating workweek" calculation method in part because the Town's method of calculating overtime is premised on assumptions inconsistent with 778.114). We just do what we are trained to do.". 4, Chenevert Aff. ), The court will disregard any such conclusory statements, as well as purported statements of "fact" not properly supported by citations to the record. 9.1 (emphasis added).) See also O'Brien, 350 F.3d at 283 ("[T]he Town calculates each officer's overtime rate simply by dividing the officer's annual salary by 1950, which is the expected number of regular shift hours during the calendar year, and then multiplying the resulting hourly rate by 1.5."). No. Employees are then paid half-time (50%) for any hours worked beyond forty per week. No. I just ran into the house ready to help," he explains. The court must then "view the facts in the light most favorable to the non-moving party" and draw "all reasonable inferences in that party's favor." Workers Union v. S. Cal. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Reminders Publishing. The First Circuit held that "the Town must include the time required for officers to attend roll-call in the officers' weekly hours worked, [and] that it must compensate the officers accordingly (including overtime premiums when applicable)." for handling general cargo during the basic, normal, or regular workday and $7.50 per hour for like work outside of such workday, the extra $2.50 . Because the application of the 207(k) partial law enforcement exception would, if upheld, change the prospective overtime calculations in this case, only retrospective relief is appropriate at this time. Contractual overtime is calculated by twirling' an officer's annual salary by 1950 hours and then multiplying the resulting rate by 1.5 (time and one-half).[3]. He was eventuallychased down and taken into custody, Clark said. 3 in Car on the Way to the Hospital: 'We Got Stuck in Traffic', Lifeguard, 18, Helps Deliver 'Beautiful Baby Boy' on YMCA Pool Deck: 'So Glad the Baby Is Okay,' Teen Says, McDonald's Employees Who Helped Deliver Newborn in Bathroom Host Baby Shower for 'Little Nugget', Paramedics 'Provided Life-Saving Measures' After Baby Exposed to Fentanyl at San Francisco Park, 10-Year-Old Missouri Girl Named Miracle Helps Deliver Baby After Mom Goes Into Labor at Home, See All of the Celebrity Babies Born in 2020, Identical Twins Welcome First Babies on Same Day, Hours Apart: 'Just Feels Like It Was Supposed to Be'. On July 1, the majority of provisions under this law moved into full effect. In cities where police make fewer arrests overall but use more force when making arrests, communities could benefit significantly from policies designed to hold police accountable for excessive force. Id. 76, Defs.' Corp., 121 F.3d 58, 69 (2d Cir.1997). 778.113. The law requires that if a police officer is exploiting use of excessive force, another officer must both intervene and report it. This rate therefore does not include any of the wage augments at issue in this case, namely shift-differential pay, longevity pay, and career-incentive pay. 778 is an interpretative bulletin that "does not command formal deference from this court"). basis, but in such case the overtime compensation due to employees must be computed on the basis of the hourly rate derived therefrom and, therefore, it is necessary to compute the regular hourly rate of such employees during each workweek."). He went on to say that people want the reform to happen, however it cant be done in one day; it takes time. WebThe APD Detective Bureau is currently investigating with the assistance of the MA State Police Detective Unit and Crime Scene Services. . [10] In response to this argument, Plaintiffs point out that the exception that allows an employer not to pay an employee during meal periods is to be narrowly construed, and the burden is on the employer to show that it is entitled to the exception. According to the Town, the Union raised the question of meal periods during the 2001 or 2002 collective bargaining. [8] Plaintiff's method of calculating the regular rate is clearly the better and fairer approach. This law aims to prevent any police transgressions, excessive use of force and racial prejudices. O'Brien, 350 F.3d at 290. Scores range from 0-100% comparing cities with under 50k population. After arriving at the scene, Hall successfully helped the woman deliver her "healthy baby girl," who was named Sophia, the APD wrote in the congratulatory post alongside a photo of Hall holding the newborn. Police later determined that Pavone's license was suspected and he was placed under arrest. . Thus, regardless of how Defendants choose to calculate contractual overtime, the court will rely on the equation that uses the traditional "time and one-half" formulation set forth in the CBA and reflects the number of scheduled hours worked by Plaintiffs (salary divided by 1950 and multiplied by 1.5). to be arrested for low level, non-violent offenses than a white person. Whats with all the seagulls in downtown Providence? No. No. Agawam police officers not facing charges as FBI ends APD Officer Jeffrey Hichborn, who has organized NNO activities for the past two years, said there was a lot of enthusiasm for this years event. From Free Law Project, a 501(c)(3) non-profit. LEMAS, N/A from Both parties agree that Defendants' liability under the Act, if any, is to be calculated by comparing contractual and statutory overtime in specific weeks. Although the town has held its NNO since 2013, it was the 38th year nationally. Civil Action No. (WWLP) An Agawam police officer helped a woman deliver her baby while she was in labor during the early morning hours on New Years Day. Plaintiffs also charged that Defendants' practice of compensating roll call time through annual lump sum payments, rather than as weekly overtime, violated the Act. 77, Defs.' If you have feedback, questions about the project, or need support with an advocacy campaign, contact our Founder, Samuel Sinyangwe. US Census Bureau, 53 Officers AGAWAM, Mass. To summarize, the FLSA regular rate is to be calculated as the sum of annual salary, wage augments (shift-differential pay, longevity pay, and career-incentive pay), and roll call pay, divided by the annual hours that those payments are intended to cover (1950 plus roll call time). Shift-differential pay is an additional weekly sum for officers who work one of the night shifts. Nonetheless, the "majority of the Circuits that have had occasion to address the issue have rejected the `completely relieved from duty' test in favor of the `predominantly for the benefit of the employer' test when determining whether meal periods are considered `hours worked.'" Sur-Reply; Dkt. | Hoyt was hired in February 2020, shortly before the COVID-19 pandemic-induced campus shutdown. | See O'Brien, 350 F.3d at 298 (citing 29 C.F.R. 55% of all arrests were for low-level, non-violent offenses from 2013-21. The moving party bears the initial burden of demonstrating the absence of genuine issues of material fact. Davis was hired in July 2022 and attended the Boylston Police Academy from July - December 2022. Promoted from lieutenant to deputy chief of operations was Damian DeWolf. No. Roll call will be addressed below. 85, Defs.' Plaintiffs also receive other forms of compensation under the CBA, including longevity pay, shift differential pay, career incentive pay, and roll call pay. | . Town. Precedential, Citations: In other words, Defendants argue that the proper calculation divides annual salary plus augments by 2080, i.e., fifty-two weeks multiplied by forty hours. 207(e). N/A Ruled in Favor of Civilians, N/A Reported Name Rather, Plaintiffs are paid based on an annual salary that both parties agree is intended to compensate 1950 hours. ), Although the Town believes Plaintiffs know they are entitled to a meal break, Plaintiffs assert that they have no such understanding. Steven Grasso - Protective Advanced Safety Services Track progress and hold cities accountable to results. Despite references to this issue in the parties' supplemental submissions, any question concerning the Town's current adoption of the 207(k) law enforcement exception is not before the court. 2d 147. 74, Ex. the basic agreement covering the rates of pay, hours of work, and other conditions of employment to be observed between the parties." J.; Dkt. 7. Their employment is governed by the terms of a collective bargaining agreement ("CBA") negotiated by their exclusive bargaining agent, the International Brotherhood of Teamsters, Local Union No. Both parties agree that Plaintiffs ale owed the difference, if any, between contractual overtime and FLSA overtime. V | W | X | Black people were 4.4x more likely While police data is never perfect, and there are additional indicators that still need to be tracked, the Police Scorecard is designed to provide insight into many important issues in policing. Your Local News for Middlesex County, Massachusetts, Reading Police arrested Anthony M. Pavone, 37, of Agawam after a traffic stop on Saturday, Feb. 18, Are You Running A Local Business? (Id. Expand to every major law enforcement agency in America and include additional indicators such as police budgets and jail incarceration. Liquidated damages are the norm under the Act. at 282 n. 4 (noting that those officers who appear to follow a traditional seven-day schedule consisting of five days of duty followed by two days off receive additional time off during the year so that heir straight-time hours do not exceed 1950). . Departments with higher scores use less force , make fewer arrests for low level Plaintiffs have now moved for summary judgment as to damages. 681 Springfield St. After conducting discovery, the parties filed cross motions for summary judgment. According to the Chief of Police, meal breaks are governed by unwritten "rules" that "are generally understood by the police officers." Agawam Police Department - Agawam, MA (Address and Use of and/or registration on any portion of this site constitutes acceptance of our. (Dkt. Davis received his bachelors degree in movement science from Westfield State University and his Masters in Education from Springfield College. Plaintiffs' papers arc somewhat inconsistent in their treatment of this issue. See 29 U.S.C. 91, Defs.' "We're all proud of him! Sabina Matos, candidate, Casey Farms Project Chick program fun & educational, In the Kitchen: Spring Greens Salad with Biscotti, Let The Martone Group help with your real estate, Crossroads RI holds 16th annual Women Helping Women, Violent gang enforcer gets more than 12 years in, UAE Mars orbiter snaps epic photo of Martian moon, 2,700+ RI shark license plates ordered so far, Pope Francis accepts Bishop Tobins retirement, Regulators seize First Republic Bank, sell to JPMorgan, Weather Now: Drier, Breezy Today with Sunshine, General Mills flour recalled due to salmonella risk, Former RI first lady Dorothy Licht dies at 101, Taunton man charged with kidnapping, attempted rape, Providence man fights off catalytic converter thieves. Airlines, Inc., 56 F.3d 313, 315 (1st Cir.1995). What a way to ring in the new year! WebSteven Grasso is a seasoned law enforcement officer from the Agawam Police Department. Agawam Cookies collect information about your preferences and your device and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. When Plaintiffs' annual salary is divided by the annual total hours the salary is intended to compensate, this calculation produces a rate consistent with Plaintiffs' six-day schedule. Posk previously worked as a security agent for MassGrow in Athol, a safety/security specialist for Athol Hospital and an officer intern for the Athol Police Department. Police officer salary in Agawam, MA - Indeed FLSA overtime is calculated at "one and one-half times the regular rate at which [an individual] is employed." In addition, Defendants' approach moves a step towards the fluctuating workweek method explicitly rejected by the First Circuit by appearing to recognize different rates for different weeks and then cherry-picking the weeks whose inclusion in the calculation of the regular rate would be most beneficial to Defendants. (Campbell Aff. . | G | H | I | Telecomms. No. O'Brien, 350 F.3d at 298 (noting that 29 C.F.R. McNally was hired in July 2019 with 11 years of law enforcement experience as a full-time police officer in the Palmer Police Department. Both parties agree that Plaintiffs receive an annual salary intended to compensate 1950 hours per year. Cities with higher scores spend less on policing, use less force, are more likely to hold officers accountable and make fewer arrests for low-level offenses. When Plaintiffs first brought this suit, roll call pay was distributed as an annual lump-sum payment; in the spring of 2004, pursuant to the First Circuit's ruling in the appeal of this case, Defendants began making roll call payments on a weekly basis. | O'Brien, 350 F.3d at 298. Police Lt. Dan Bonafilia was one of the officers present. AGAWAM Across the state of Massachusetts, police reforms have taken place after Gov. WebIn light of the Covid-19 Pandemic and the orders from Gov. In addition to these charges, Pavone was sought for previous warrants out of Boston, Chelsea and Lynn District Courts. Id. Id. In May 1999, the parties reached agreement on a CBA that covered the period from July 1, 1998, through June 30, 2001. "I feel proud and lucky that I had the opportunity to help this family and their beautiful new baby. Unsolved. Police Presence/Over-Policing (Officers per Population), Unarmed Victims of Deadly Force per Arrest. and Under this approach, an. Clemens Pottery Co., 328 U.S. 680, 687, 66 S. Ct. 1187, 90 L. Ed. Mem. Moreover, Plaintiffs' approach is not inconsistent with the use of the individual workweek to determine applicability of the Act. Rising through the ranks, his time as a patrol sergeant, safety/crime prevention officer and *4 John D. Connor, Moriarty & Connor, Springfield, MA, for Plaintiffs. Plaintiffs' request for injunctive relief is DENIED, without prejudice. 216(b) (emphasis added). . The FLSA authorizes a court to issue injunctions for violations of 207. Agawam police officer The First Circuit also concluded that the hourly rate in this case should not be calculated according to the "fluctuating workweek" method set forth in 29 C.F.R. See O'Brien, 350 F.3d 279. For example, cities with higher rates of low level arrests could benefit most from solutions that create alternatives to policing and arrest for these offenses. | Credit: courtesy Agawam Police Department A Massachusetts police department is praising one of their officers for his heroic actions after he helped a pregnant woman welcome her baby into the world. Use this Scorecard to identify issues within police departments that require the most urgent interventions and hold officials accountable for implementing solutions. According to the Agawam Police Department, Officer Zack Hall received a call about a woman who was in labor around 2:45 a.m. Auger received his bachelors degree in criminal justice with a minor in psychology from Westfield State University. This approach to calculating regular rate, while superficially appealing on the facts of this case, is inapplicable. Prior to joining the UMPD, Auger worked for more than three years as a corrections officer for the Hampden County No. 201 et seq. 2, Agreement art. Thus regardless of the regular rate calculation, the measuring rod for statutory liability remains the individual workweek. On January 7, 2003, this court issued an order allowing Defendants' motion. [13] As noted above, prior to July 1, 2001, Plaintiffs received a minimum of three hours overtime when they were required to attend court. Police Officer Memorials | Prior to joining PEOPLE, Joelle was employed at The Hollywood Reporter, where she was co-nominated at the 2019 GLAAD Media Awards for Outstanding Magazine Article for feature cover story. All Arrests for Low Level Offenses ( 55% ), 0 Homicides from 2013-21 UMPD Swears in Nine New Officers, Promotes DeWolf to at 297; see also id. Finally, the Court of Appeals reached the question "at the heart of the officers' FLSA claim" and concluded that the Town must include the officers' contractually-guaranteed shift-differential pay, longevity pay, and career incentive pay in the officers' "regular rate" for the purposes of FLSA overtime calculation.
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